Competition Law in Latin America

Author: Marcelo Calliari
Publisher:
ISBN: 9789041149770
Format: PDF, Docs
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In the past few years Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is the first book to offer an in-depth analysis of this complex scenario. At the heart of the presentation are seven chapters detailing the competition regimes of the most active national jurisdictions in the region - Argentina, Brazil, Chile, Colombia. Mexico, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Preceding these country-by-country analyses are more general chapters on the use of economic analysis and on the special field of the information and communications technology industry, as well as chapters on the working of competition law in countries with regulated markets and in the cluster of Central American countries. Topics addressed encompass the following and more: * relevant institutions and legislation; * cartel investigations; * unilateral conduct policies; * merger review; * international coordination; * enforcement; and * remedies. Each chapter includes analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The authors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in depth-approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where is it is going to, in Latin America.

Competition Law and Policy in Latin America

Author: Eleanor M Fox
Publisher: Bloomsbury Publishing
ISBN: 1847315291
Format: PDF, Mobi
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This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

ABA Journal

Author:
Publisher:
ISBN:
Format: PDF, ePub, Mobi
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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

A Practical Guide to National Competition Rules Across Europe

Author: Marjorie Holmes
Publisher: Kluwer Law International
ISBN: 9041122958
Format: PDF, Kindle
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The anti-trust environment in Europe is undergoing major changes as the so called process of modernisation gathers pace. from May 2004, the European Commission lost its exclusive jurisdiction to deal with restrictive agreements and dominance. As a result EU Member States' national competition authorities acquired the power to implement European competition rules, as embodied in Articles 81 and 82 of the EC Treaty. This decentralisation of power means that those undertakings operating in several Member States, must be aware of each jurisdictions' relevant competition rules to ensure full compliance. for those who wish to complain about anti-competitive practices they will be able to choose between different national competition authorities. Being able to identify the strengths and weaknesses of different competition regimes is therefore important for both those who wish to ensure compliance and those who have complaints. However by 'outsourcing' the burden of implementing the anti-trust rules, has the EU's competition regime taken a step closer to the US regime? After the 1 May 2004 will there be an explosion of competition cases claiming damages before the European courts? Is this dependent on the existence of treble damages, class actions and contingency fees? If the answer to these questions is yes, then advising on competition issues in Europe will require not only an understanding of the competition rules in each jurisdiction, but also an understanding of how the national courts deal with competition cases. This publication aims to address these issues. Firstly it provides practical information on the competition regimes in each of the EU member states and includes a chapter devoted to the new Member States who joined on 1 May 2004. Secondly it analyses the civil procedure rules in each of the 25 EU Member States, Bulgaria, Norway, Romania and Switzerland - and considers the extent to which competition litigation is likely to increase in the future. Each country chapter has been prepared by experienced competition lawyers. Marjorie Holmes an experienced competition lawyer and litigator and Lesley Davey, a competition specialist, both from Davies Arnold Cooper, draw on the information provided in each of the country chapters to reach interesting and important conclusions and recommendations.

A Practical Guide to Trade Mark Law

Author: Amanda Michaels
Publisher: Sweet & Maxwell
ISBN: 9780421747609
Format: PDF, ePub, Mobi
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Although the level of harmonization of European trade mark law is currently more advanced than other areas of IP, the effect of technological development - in particular the implications of the Internet - should have even further impact upon the law, both in the UK and Europe. To help the practitioner keep abreast of these developments, the third edition of this established text has been revised and expanded. Including coverage of all recent developments and case law that have occurred since the last edition, the work is full of useful examples and takes a practical case-study approach. An accompanying CD-ROM containing useful appendices is also included.

The Foundations of European Union Competition Law

Author: Renato Nazzini
Publisher: OUP Oxford
ISBN: 0191630128
Format: PDF, ePub, Docs
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Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the internal market. Its application in practice has been controversial with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, social welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex questions as to how abuses can be assessed and how a dominant position should be defined. This book addresses the conceptual problems underlying the tests to be applied under Article 102 in light of the objectives of EU competition law. Adopting an interdisciplinary approach, the book covers all the main issues relating to Article 102, including its objectives, its relationship with other principles and provisions of EU law, the criteria for the assessment of individual abusive practices, and the definition of dominance. It provides an in-depth doctrinal and normative commentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.

International Antitrust Law Policy Fordham Competition Law 2006

Author: Barry E. Hawk
Publisher: Juris Publishing, Inc.
ISBN: 1578232236
Format: PDF, ePub, Docs
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Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. None of the chapters are merely descriptive, all raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy. All chapters, if necessary, are revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The Annuals are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published.

Brazilian Commercial Law

Author: Silvia Fazio
Publisher:
ISBN: 9789041152664
Format: PDF
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Brazil's power to attract international investors has become irresistible. Large-scale economic development, massive infrastructure projects, substantial agribusiness and commodities markets, and newly discovered oil and natural gas resources-combined with improvements in social standards and a consolidation of democratic institutions-have spearheaded the emergence of Brazil as a formidable global economy challenging the developed nations. This is the first book in English to provide a detailed guide to the ways into and around the Brazilian economy. Thirty seven leading Brazilian practitioners describe and interpret laws and regulations governing business set-up procedures, transactions, contracts, financing, taxation, securities, intellectual property, real estate, dispute resolution, environmental protection, labor, insolvency, competition, trade remedies, anti-corruption, private funds and insurance. They explore every issue likely to be important to investors, including the following: * competition, mergers and acquisitions, joint ventures; * contractual clauses, statutory requirements on specific agreements; * tax incentives available for infrastructure projects; * listing and offering requirements in capital and securities markets; * licensing, franchising, and other intellectual property agreements; * civil proceedings, arbitration, and the mechanisms of dispute resolution; * the structure of the Brazilian judiciary system; * rules on conflicts of law and competence of jurisdiction; * real property acquisition and development; * environmental liabilities; * forms of employment and employment contracts; * insolvency and bankruptcy proceedings; * trade remedy system; * anti-corruption legislation; * private equity, venture capital and investment funds; and * insurance and re-insurance. Taking the point of view of a commercial lawyer required to draft and negotiate agreements governed by Brazilian law, each author contributes particular expertise to this incomparable resource for potential and actual investors in Brazil and their counsel. Thoroughly up-to-date in its exploration and understanding of the legal transformations that are taking place in Brazil, this book will be invaluable to corporate lawyers, investors, academics, and policymakers interested in Brazil's role in the global economy.

International Antitrust Law Policy Fordham Competition Law 2012

Author: Barry E. Hawk
Publisher: Juris Publishing, Inc.
ISBN: 1578233305
Format: PDF
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This volume contains articles and panel discussions delivered during the Thirty-Ninth Annual Fordham Competition Law Institute Conference on International Antitrust Law & Policy. About the Proceedings: Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. The chapters are revised and updated before publication, where necessary. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The annual volumes are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. All of the chapters raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy.